Survivors, Advocates, Lawmakers Launch Survivor Justice Agenda Ahead of 2024 Legislative Session

Coalition of survivors of sexual abuse, lawmakers and advocates push for critical reforms including eliminating the civil statute of limitation on child sexual abuse cases.

NEW YORK, NY (12/19/2023) (readMedia)-- Today, survivors, advocates and lawmakers including Bridie Farrell from America Loves Kids, Assembly Members Linda Rosenthal, Assembly Member Catalina Cruz, Senator Brad Hoylman-Sigal and Senator Julia Salazar, joined together to announce the Survivor Justice Agenda: key pieces of legislation that will put power back in the hands of survivors of sexual abuse in New York.

WATCH the stream here.

The bills are:

  • Eliminating the civil statutes of limitations for child sex abuse cases (A1854/S6099)
    • The civil statutes of limitations on child sexual abuse varies depending on the time of the crime. This bill creates a uniform standard for all survivors, and gives them the time they need to come forward with a claim.
  • Extending the rape shield laws found in criminal proceedings to civil as well (A4441/S994)
    • This bill prohibits lawyers from using a victim's sexual conduct, predisposition, or manner of dress as evidence during civil proceedings. It mirrors the standard set forth in criminal court for survivors.
  • Tolling the statute of limitation on civil claims that arise while a person is in state custody (S7796)
    • Right now, if a person is sexually abused while in custody of the state (meaning prison, jail, public mental health facility, etc) they have to file a notice of claim within 90 days of a violation, a standard that makes them vulnerable to retaliation and abuse if in the care of the person who is harming them.
    • The Fair Access to Justice Bill would start the civil statutes of limitations once the person is released.
      The bill also eases requirements on survivors to name the exact time, location, and date of the violation when they file suit, an often impossible standard for those in state custody to meet.
  • Extending the civil statutes of limitation of sex trafficking (A1940/ S00349)
    • This bill would create a one year lookback window for survivors of human sex trafficking to file claims in civil court if the statute of limitation had expired. The CVA and ASA did not cover claims from trafficking survivors so this bill is necessary to ensure they have the same opportunities as other survivors of sexual assault and misconduct.

"Crime victims and sexual abuse survivors deserve more protection and improved access to the justice system. The New York Child Victims Act (CVA) provided me with an opportunity to hold accountable those responsible for the abuse I suffered as a teen. We need more policy remedies for survivors akin to the Child Victims Act, not fewer. That is why I am supporting this package of legislation. I'm confident lawmakers will pass these bills this session and continue to build on their outstanding records of enacting pro-survivor legislation," said Bridie Farrell, survivor and founder of America Loves Kids.

"The Model Alliance was proud to champion the Adult Survivors Act, which gave many survivors of sexual abuse in the fashion industry and beyond the opportunity to pursue justice. Now, we're joining a strong coalition to build on our efforts and continue opening doors for more survivors to seek healing and accountability through the courts," said Sara Ziff, Founder and Executive Director, Model Alliance.

"As the organization that helped lead the charge on the Child Victims Act and Adult Survivors Act, Safe Horizon is proud to once again join forces with this powerful coalition to launch the Survivor's Justice Agenda. Every year, Safe Horizon helps 250,000 New Yorkers who have experienced violence or abuse. We know that safety looks different for every survivor, healing looks different for every survivor, and justice looks different for every survivor. But for far too long, New York's laws have restricted survivors' opportunities to seek relief in our civil courts. The Survivor Justice Agenda builds on the CVA and ASA and will expand access to pathways of safety, healing, and justice for survivors across New York," said Liz Roberts, CEO, Safe Horizon

"SNAP, Survivors Network of those Abused by Priests, fully supports the efforts to provide justice to all victims of sexual abuse regardless of how long ago it occurred. We are proud to join advocates to make this a reality so the court room doors are open when victims are ready. We must never allow powerful people and institutions to be trusted again after they have showed us once," said Mike McDonnell, Executive Director, Survivors Network of those Abused by Priests.

"Through enactment of the Child Victims Act and the Adult Survivors Act, legislation I was proud to sponsor, thousands of survivors were provided the opportunity to seek justice through the courts for abuse they suffered. The fact that these laws led to the filing of more than 14,000 cases shows how pervasive sexual assault is in our society and the work we still have to protect survivors," said Assemblymember Linda B. Rosenthal (D/WF - Manhattan), Chair of the Assembly Committee on Housing. "Next session, we must pass my legislation to eliminate the civil statute of limitations on childhood sexual assault crimes and the rest of the Survivor Justice Agenda to ensure all survivors are heard and protected."

State Senator Brad Hoylman-Sigal said: "Over half of women and almost one third of men experience sexual violence in their lifetime. New York has taken great strides to protect our survivors and hold their abusers to account through the enactment of the Adult Survivors Act and Child Victims Act. But survivor justice is an ongoing fight, which is why I'm honored to have two bills as a part of the Survivor Justice 2024 legislative agenda. With Assembly Member Rosenthal, we hope to eliminate civil statutes of limitations for child sex abuse cases once and for all (S6099) and renew the Adult Survivors Act revival window. With Assembly Member Steck, we hope to extend the rape shield laws to civil courts (S.994), protecting our survivors from inappropriate cross examination. With this entire package of bills, New York will be a safer state, and grant survivors the chance at justice in court."

"Victims becomes survivors through healing. Healing has no time-line...justice for child sexual abuse survivors must not either," said Mary Ellen O'loughlin, survivor.

State Senator Julia Salazar said: "Individuals should have access to justice whether or not they are in custody. Current law severely obstructs this imperative in two significant ways. For one, statutes of limitations can expire while an individual is incarcerated or shortly after their release. Second, an individual must provide exceedingly precise details to substantiate their legal claims. Given the challenges particular to individuals behind bars, these hurdles too often are prohibitive. For example, the clock can run out simply because of the unusually protracted process that incarcerated individuals must follow to consult with their counsel. The Fair Access to Justice Act brings necessary relief first and foremost by extending the period for seeking damages to a full three years after an individual's release. What's more, this bill provides that the information with which an individual makes their case is 'to the best of their knowledge and belief,' a far more reasonable standard."

Assemblyman Dinowitz said: "New York State has recognized that certain crimes are so serious and damaging that no statute of limitations should apply. We have eliminated the statute of limitations for the most severe sexual crimes because we recognize that it may take years for victims of sexual abuse to come to terms with their abuse. Legislation that I authored in 2007 that created the criminal statute of sex trafficking targets the methods used by traffickers to exploit their victims. My legislation would not only eliminate the criminal statute of limitations for sex trafficking but would also, like the Child Victims Act and Adult Survivors Act, extend the period in which a civil cause of action can be commenced. Enactment of my legislation would ensure that survivors of the heinous crime of sex trafficking would be afforded the same opportunities for justice as survivors of other sexual offenses."

"The Sexual Harassment Working Group is honored to join this powerful coalition of survivor advocates and allies in the fight to ensure every person has access to the healing and justice they deserve. Over the past few years, New York lawmakers have shown what it means to stand with survivors, but too many barriers still exist in our courts to say the work is done. The Survivor Justice Agenda is critical in helping survivors across New York reclaim their power, and we look forward to getting these bills across the finish line in 2024," said Erica Vladimer, Co-Founder, Sexual Harassment Working Group.

This work builds on the Child Victims Act (CVA) and Adult Survivors Act (ASA): New York State laws that opened up civil lookback windows for survivors of sexual abuse. Lawmakers have recognized that formerly constrained time limits to our statutes of limitations were not in line with the impact of trauma and did little to prevent abuse from occurring in the first place. More than 12,000 survivors have been able to seek new pathways to justice in the courts through the CVA and the ASA. These bills build on this critical work.